HEMANT GUPTA, J. - (1.) THIS judgment shall dispose of F.A.O. Nos. 88 and 89 of 1985 as both these appeals arise out of the same award dated 28.8.1984.
(2.) THE claimants are in appeal aggrieved against the award of the Motor Accident Claims Tribunal (hereinafter to be referred as "the Tribunal") dated 28.8.1984 whereby their applications under Section 110 -A of the Motor Vehicles Act, 1939 were dismissed on the ground that the claimants have failed to established rash and negligent driving by the driver of truck No. PUX -9905. It is the case of the appellants that on 11.10.1979, deceased Satnam Singh and his wife Surjit Kaur were going on a cycle towards Mehru on G.T. Road, whereas a truck bearing No. PUX -9905 came from the side of Jalandhar at a fast speed and hit against the cycle of Santokh Singh when he was on the left side of the road. Santokh Singh was run over by the truck while Surjit Kaur was thrown at some distance. Both of them died at the spot. On the basis of statement of Surinder Singh, who was on his separate cycle at a distance of 10 or 15 Karams, First Information Report was registered. It is the case of the claimants that Santokh Singh was serving as a Head Constable in Central Reserve Police Force and earning Rs. 700/ - per month while Surjit Kaur was earning Rs. 500/ - per month by doing household work and tailoring job.
(3.) THE respondents denied that any accident had taken place with truck No. PUX -9905. It was pleaded that the aforesaid truck was not in Punjab and, in fact, on 10.10.1981 it had already crossed Ahmedabad border and it was on its way to Baroda. The owner of the truck denied that Bakhshish Singh was the driver of the truck.;